HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 60046 of 2011 Petitioner :- Raj Pal Singh And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gutam Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Learned counsel for the petitioners states that the petitioners are Constables. It is the responsibility of the Station House Officer of the police station to arrest any person or to relieve any person. The constable only acts on the direction of the S.H.O. and has no role to act independently in arresting any person or leaving any person.
The submission of the learned counsel for the petitioner has substance.
Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the order dated 17.9.2011 shall remain stayed. However, the authority concerned is directed to conclude the inquiry expeditiously.
Order Date :- 18.10.2011 OP